West Virginia 2025 Regular Session

West Virginia Senate Bill SB82

Introduced
2/12/25  

Caption

Establishing criminal penalties for abuse or neglect of incapacitated adults

Impact

If enacted, SB82 would align the penalties for the abuse and neglect of incapacitated adults with those applicable to the abuse of children, reflecting a state commitment to enforce strict protections for vulnerable individuals. The legislation seeks to address issues related to the care of incapacitated adults, which have been a growing concern in West Virginia. By imposing firmer penalties, the law intends to deter abusive behavior while also ensuring caregivers are held to a higher standard of accountability.

Summary

Senate Bill 82 aims to enhance the legal framework protecting incapacitated adults from abuse and neglect by establishing criminal penalties applicable to caregivers. The bill amends sections of the West Virginia Code to classify gross neglect of an incapacitated adult as a felony, introducing penalties that include fines of up to $3,000 and imprisonment for one to five years. Notably, the bill removes the requirement of malice for certain caregiver actions that result in the death of an incapacitated adult, thereby expanding the scope of liability for caregivers.

Sentiment

The response to SB82 has generally been supportive among advocates for the rights of incapacitated adults, who see the bill as a necessary step towards greater accountability and protection. However, there are concerns regarding the implications of lacking malice in caregiver penalties. Critics argue that this may unfairly penalize caregivers who may not intend harm, opening the potential for misuse of the law. The debate centers around balancing the protection of vulnerable populations and the rights of caregivers.

Contention

During discussions surrounding SB82, a significant point of contention emerged regarding the removal of the malice requirement. Proponents argue this adjustment will enable more effective prosecution and justice for victims, while opponents caution it may create a chilling effect on caregivers who might fear unwarranted accusations. As such, the bill reflects a broader tension in legislative discussions on how best to protect incapacitated individuals while ensuring fairness within the caregiving profession.

Companion Bills

No companion bills found.

Previously Filed As

WV SB821

Establishing criminal penalties for abuse or neglect of incapacitated adults

WV HB2113

Modifying the criminal penalties imposed on a parent, guardian or custodian for child abuse

WV HB4302

Modifying the criminal penalties imposed on a parent, guardian or custodian for child abuse

WV HB2397

Modifying the definition of child abuse or neglect to exclude accidental injury

WV HB5146

Increase penalties for abuse of or cruelty to animals

WV HB2252

Relating to establishing criminal penalties for human trafficking

WV HB4666

Relating to establishing criminal penalties for human trafficking

WV HB4273

Relating to revising the criminal code generally

WV HB2527

Relating to revising the criminal code generally

WV SB780

Adding liability to person in position of trust for child abuse cases

Similar Bills

WV SB821

Establishing criminal penalties for abuse or neglect of incapacitated adults

CA SB1332

Sexual battery.

CA SB442

Sexual battery.

TX SB2016

Relating to parental administrations for certain adults with intellectual disabilities and the prosecution of a related criminal offense.

TX HB3901

Relating to parental administrations for certain adults with intellectual disabilities and the prosecution of a related criminal offense.

CA AB848

Sexual battery.

NJ A3746

Clarifies that encouraging another person to cause bodily injury, by filming, photographing, or otherwise recording injury-causing act, is form of crime of endangering injured victim.

CA AB1599

Peace officers: investigations of misconduct.